This page (together with our Privacy
Policy, Terms
of Website Use and Website
Acceptable Use Policy) tells you information about us and the legal
terms and conditions (Terms) on which we sell any of
the products (Products) listed on our website (our site) to you.
These Terms will apply to
any contract between us for the sale of Products to you (Contract).
Please read these Terms carefully and make sure that you understand them,
before ordering any Products from our site. Please note that by ordering
any of our Products, you agree to be bound by these Terms and the other
documents expressly referred to in it.
Please click on the button
marked "I Accept" at the end of these Terms if you accept them. If
you refuse to accept these Terms, you will not be able to order any Products
from our site.
You should print a copy of
these Terms or save them to your computer for future reference.
We amend these Terms from
time to time as set out in clause 8. Every time you wish to order Products,
please check these Terms to ensure you understand the terms which will apply at
that time.
These Terms, and any
Contract between us, are only in the English language.
1.
Information about us
1.1
We operate the website
www.diywardrobes.co.uk. We are Ambisaw Limited, a company registered in
England and Wales under company number 08406169 and with our registered office
at 24 Church Street, Rickmansworth, WD3 1DD . Our
VAT number is 162 0430 52
. Our trading address is 24 Church Street, Rickmansworth, WD3 1DD
1.2
To contact us, please visit our contact page.
2.
Our Products
2.1
The images of the Products on our site
are for illustrative purposes only. Although we have made every effort to
display the colours accurately, we cannot guarantee that your computer's
display of the colours accurately reflect the colour of the Products. Your
Products may vary slightly from those images.
2.2
Although we have made every effort to be
as accurate as possible, because our Products are made to order, all sizes,
weights, capacities, dimensions and measurements indicated on our site have a
2mm tolerance.
2.3
The packaging of the Products may vary
from that shown on images on our site.
2.4
All Products shown on our site are
subject to availability. We will inform you by e-mail as soon as possible if
the Product you have ordered is not available and we will not process your
order if made.
3.
Use of our site
Your use of our site is
governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time
to read these, as they include important terms which apply to you.
4.
How we use your personal information
We only use your personal
information in accordance with our Privacy Policy.
For details, please see our Privacy Policy.
Please take the time to read these, as they include important terms which apply
to you.
5.
If you are a consumer
This clause 5 only
applies if you are a consumer.
5.1
If you are a consumer, you may only
purchase Products from our site if you are at least 18 years old.
5.2
As a consumer, you have legal rights in
relation to Products that are faulty or not as described. Advice about your
legal rights is available from your local Citizens' Advice Bureau or Trading
Standards office. Nothing in these Terms will affect these legal rights.
6.
If you are a business customer
This clause 6 only
applies if you are a business.
6.1
If you are not a consumer, you confirm
that you have authority to bind any business on whose behalf you use our site
to purchase Products.
6.2
These Terms and our Privacy Policy, Terms
of Website Use and Website Acceptable Use Policy constitute the entire
agreement between you and us. You acknowledge that you have not relied on any
statement, promise or representation made or given by or on behalf of us which
is not set out in these Terms or our Privacy Policy, Terms of Website Use and
Website Acceptable Use Policy.
7.
How the contract is formed between you
and us
7.1
For the steps you need to take to place on order on our site, please see our website.
www.diywardrobes.co.uk/orderprocess
7.2
Our order process allows you to check and
amend any errors before submitting your order to us. Please take the time to
read and check your order at each page of the order process.
7.3
After you place an order, you will
receive an e-mail from us acknowledging that we have received your order.
However, please note that this does not mean that your order has been
accepted. Our acceptance of your order will take place as described in
clause 7.4. We reserve the right not to proceed with an order at our
absolute discretion and we will inform you of this by e-mail. If you have
already paid for the Products, we will refund you the full amount as soon as
possible.
7.4
We will confirm our acceptance to you by
sending you an e-mail that confirms that the Products are manufacturable and
the cost (Quote Confirmation). The Contract
between us will only be formed when we send you the Quote Confirmation and you
pay for the Products in full.
7.5
If we are unable to supply you with a
Product, for example because that Product is not manufacturable or is no longer
available or because of an error in the price on our site as referred to in
clause 12.5, we will inform you of this by e-mail and we will not process your
order. If you have already paid for the Products, we will refund you the full
amount as soon as possible.
8.
Our right to vary these terms
8.1
We may revise these Terms from time to
time in the following circumstances:
(a)
changes in how we accept payment from
you;
(b)
changes in relevant laws and regulatory
requirements.
8.2
Every time you order Products from us,
the Terms in force at that time will apply to the Contract between you and us.
8.3
Whenever we revise these Terms in
accordance with this clause 8, we will keep you informed and give you notice of
this by stating that these Terms have been amended and the relevant date at the
top of this page.
9.
Your consumer right of return and refund
This clause 9 only
applies if you are a consumer.
9.1
If you are a consumer, you may have a
legal right to cancel a Contract under the Consumer Protection (Distance
Selling) Regulations 2000) during the period set out below in clause 9.3. This
means that during the relevant period if you change your mind or for any other
reason you decide you do not want to keep a Product, you can notify us of your
decision to cancel the Contract and receive a refund. Advice about your legal
right to cancel the Contract under these regulations is available from your
local Citizens' Advice Bureau or Trading Standards office.
9.2
However, this cancellation right does not
apply in the case of:
(a)
any made-to-measure or custom-made
products, products made to your specification or clearly personalised;
(b)
newspapers, periodicals or magazines;
(d)
software, DVDs or CDs which have a
security seal which you have opened or unsealed.
9.3
Your legal right to cancel a Contract
starts from the date of payment by you, which is when the Contract between us
is formed. If the Products have already been delivered to you, you have a
period of 7 (seven) working days in which you may cancel, starting from the day
after the day you receive the Products. Working days means that Saturdays,
Sundays or public holidays are not included in this period.
9.4
To cancel a Contract, please contact us
in writing to tell us by sending an e-mail to orders@diywardrobes.co.uk or by
sending a letter to Ambisaw Ltd, Langwood House, 24 Church Street, Rickmansworth, WD3 1DD.
You may wish to keep a copy of your cancellation notification for your own
records. If you send us your cancellation notice by e-mail or by post, then
your cancellation is effective from the date you sent us the e-mail or posted
the letter to us.
9.5
You will receive a full refund of the
price you paid for the Products and any applicable delivery charges you paid
for. We will process the refund due to you as soon as possible and, in any
case, within 30 calendar days of the day on which you gave us notice of
cancellation as described in clause 9.4. If you returned the Products to us
because they were faulty or mis-described, please see clause 9.6.
9.6
If you have returned the Products to us
under this clause 9 because they are
faulty or mis-described, we will refund the price of a defective Product in
full, any applicable delivery charges, and any reasonable costs you incur in
returning the item to us.
9.7
We refund you on the credit card or debit
card or PayPal used by you to pay.
9.8
If the Products were delivered to you:
(a)
you must return the Products to us as
soon as reasonably practicable.
(b)
unless the Products are faulty or not as
described (in this case, see clause 9.6), you will be responsible for the cost
of returning the Products to us;
(c)
you have a legal obligation to keep the
Products in your possession and to take reasonable care of the Products while
they are in your possession.
9.9
Details of your legal right to cancel and
an explanation of how to exercise it are provided in the Dispatch Confirmation,
if applicable.
9.10
As a consumer, you will always have legal
rights in relation to Products that are faulty or not as described. These legal
rights are not affected by the returns policy in this clause 9 or these Terms.
Advice about your legal rights is available from your local Citizens' Advice
Bureau or Trading Standards office.
10.
Delivery
10.1
Your order will be fulfilled by the
estimated delivery date set out in the Dispatch Confirmation, unless there is
an Event Outside Our Control. If we are unable to meet the estimated delivery
date because of an Event Outside Our Control, we will contact you with a
revised estimated delivery date.
10.2
Delivery will be completed when we
deliver the Products to the address you gave us.
10.3
The Products will be your responsibility
from the completion of delivery.
10.4
You own the Products once we have
received payment in full, including all applicable delivery charges.
11.
international delivery
11.1
We deliver to the countries listed on
this page diywardrobes.co.uk/countries (International Delivery Destinations).
However there are restrictions on some Products for certain International
Delivery Destinations, so please review the information on that page carefully
before ordering Products.
11.2 If you order Products from our site for delivery to
one of the International Delivery Destinations, your order may be
subject to import duties and taxes which are applied when the
delivery reaches that destination. Please note that we have no control over
these charges and we cannot predict their amount.
11.3 You will be responsible for payment of any
such import duties and taxes. Please contact your local
customs office for further information before placing your order.
11.4 You must comply with all applicable
laws and regulations of the country for which the Products
are destined. We will not be liable or responsible if you break any such law.
12.
Price of products and delivery charges
12.1
The prices of the Products will be as
quoted on our site from time to time. We take all reasonable care to ensure
that the prices of Products are correct at the time when the relevant
information was entered onto the system. However if we discover an error in the
price of Product(s) you ordered, please see clause 12.5 for what happens in
this event.
12.2
Prices for our Products may change from
time to time, but changes will not affect any order which we have confirmed
with a Quote Confirmation and for which you have made payment.
12.3
The price of a Product includes VAT
(where applicable) at the applicable current rate chargeable in the UK for the
time being. However, if the rate of VAT changes between the date of your order
and the date of delivery, we will adjust the VAT you pay, unless you have
already paid for the Products in full before the change in VAT takes effect.
12.4
The price of a Product does not include
delivery charges. Our delivery charges are as quoted on our site from time to
time. To check relevant delivery charges, please refer to our Delivery Charges
page www.diywardrobes.co.uk/delivery.
12.5 Our site contains a large number of Products. It is
always possible that, despite our reasonable efforts, some of the Products on
our site may be incorrectly priced. We will normally check prices as part of
our dispatch procedures so that:
(a)
where the Product's correct price is less
than the price stated on our site, we will charge the lower amount when
dispatching the Products to you. However, if the pricing error is obvious and
unmistakeable and could have reasonably been recognised by you as a mispricing,
we do not have to provide the Products to you at the incorrect (lower) price;
and
(b)
if the Product's correct price is higher
than the price stated on our site, we will contact you as soon as possible to
inform you of this error and we will give you the option of continuing to
purchase the Product at the correct price or cancelling your order. We will not
process your order until we have your instructions. If we are unable to contact
you using the contact details you provided during the order process, we will
treat the order as cancelled and notify you in writing.
13.
How to pay
13.1
You can only pay for Products by bank
transfer, using a debit card or credit card or by PayPal. We accept the following cards: Visa, Mastercard.
13.2
Payment for the Products and all
applicable delivery charges is in advance.
14.
Our warranty for the Products
14.1 For Products which do not have a manufacturer's
guarantee, we provide a warranty that on delivery and for a period of 12 months
from delivery, the Products shall be free from material defects. However, this
warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.1 does not apply to any defect in the Products arising from:
(a)
fair wear and tear;
(b)
wilful damage, abnormal storage or
working conditions, accident, negligence by you or by any third party;
(c)
if you fail to operate or use the
Products in accordance with the user instructions;
(d)
any alteration or repair by you or by a
third party who is not one of our authorised repairers; or
(e)
any specification provided by you.
15.
Our liability if you are a business
This clause 15 only
applies if you are a business customer.
15.1
We only supply the Products for internal
use by your business, and you agree not to use the Product for any re-sale
purposes.
15.2 Nothing in these Terms limit or exclude our liability
for:
(a)
death or personal injury caused by our
negligence;
(b)
fraud or fraudulent misrepresentation;
(c)
breach of the terms implied by section 12
of the Sale of Goods Act 1979 (title and quiet possession); or
(d)
defective products under the Consumer
Protection Act 1987.
15.3 Subject to clause 15.2,
we will under no circumstances whatever be liable to you, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, arising
under or in connection with the Contract for:
(a)
any loss of profits, sales, business, or
revenue;
(b)
loss or corruption of data, information
or software;
(c)
loss of business opportunity;
(d)
loss of anticipated savings;
(e)
loss of goodwill; or
(f)
any indirect or consequential loss.
15.4
Subject to clause 15.2 and clause 15.3,
our total liability to you in respect of all other losses arising under or in
connection with the Contract, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, shall in no circumstances exceed 200%
of the price of the Products.
15.5
Except as expressly stated in these
Terms, we do not give any representation, warranties or undertakings in
relation to the Products. Any representation, condition or warranty which might
be implied or incorporated into these Terms by statute, common law or otherwise
is excluded to the fullest extent permitted by law. In particular, we will not
be responsible for ensuring that the Products are suitable for your purposes.
16.
Our liability if you are a consumer
This clause 16 only
applies if you are a consumer.
16.1
If we fail to comply with these Terms, we
are responsible for loss or damage you suffer that is a foreseeable result of
our breach of these Terms or our negligence, but we are not responsible for any
loss or damage that is not foreseeable. Loss or damage is foreseeable if they
were an obvious consequence of our breach or if they were contemplated by you
and us at the time we entered into the Contract.
16.2
We only supply the Products for domestic
and private use. You agree not to use the product for any commercial, business
or re-sale purposes, and we have no liability to you for any loss of profit,
loss of business, business interruption, or loss of business opportunity.
16.3
We do not in any way exclude or limit our
liability for:
(a)
death or personal injury caused by our
negligence;
(b)
fraud or fraudulent misrepresentation;
(c)
any breach of the terms implied by
section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d)
any breach of the terms implied by
section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory
quality, fitness for purpose and samples); and
(e)
defective products under the
Consumer Protection Act 1987.
17.
Events outside our control
17.1
We will not be liable or responsible for
any failure to perform, or delay in performance of, any of our obligations
under a Contract that is caused by an Event Outside Our Control. An Event
Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control
means any act or event beyond our reasonable control, including without
limitation strikes, lock-outs or other industrial action by third parties,
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack,
war (whether declared or not) or threat or preparation for war, fire,
explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster, or failure of public or private telecommunications networks [or
impossibility of the use of railways, shipping, aircraft, motor transport or
other means of public or private transport.
17.3
If an Event Outside Our Control takes
place that affects the performance of our obligations under a Contract:
(a)
we will contact you as soon as reasonably
possible to notify you; and
(b)
our obligations under a Contract will be
suspended and the time for performance of our obligations will be extended for
the duration of the Event Outside Our Control. Where the Event Outside Our
Control affects our delivery of Products to you, we will arrange a new delivery
date with you after the Event Outside Our Control is over.
18.
Communications between us
18.1
When we refer, in these Terms, to
"in writing", this will include e-mail.
18.2
If you are a consumer:
(a)
To cancel a Contract in accordance with
your legal right to do so as set out in clause 9, you must contact us in
writing by sending an e-mail to orders@diywardrobes.co.uk or by sending a
letter to Ambisaw Ltd, 24 Church Street, Rickmansworth, WD3 1DD. You may wish to keep a copy of your cancellation
notification for your own records. Your cancellation is effective from the date
you sent us the e-mail or posted the letter to us.
(b)
If you wish to contact us in writing for
any other reason, you can send this to us by e-mail or by pre-paid post to
Ambisaw Ltd. at 24 Church Street, Rickmansworth, WD3 1DD.
18.3
If we have to contact you or give you
notice in writing, we will do so by e-mail or by pre-paid post to the address
you provide to us in your order.
18.4
If you are a business, please note that
any notice given by you to us, or by us to you, will be deemed received and
properly served immediately when posted on our website, 24 hours after an
e-mail is sent, or three days after the date of posting of any
letter. In proving the service of any notice, it will be sufficient to prove,
in the case of a letter, that such letter was properly addressed, stamped and
placed in the post and, in the case of an e-mail, that such e-mail was sent to
the specified e-mail address of the addressee. The provisions of this clause
shall not apply to the service of any proceedings or other documents in any
legal action.
19.
Other important terms
19.1
We may transfer our rights and
obligations under a Contract to another organisation, but this will not affect
your rights or our obligations under these Terms. We will always notify
you in writing or by posting on this webpage if this happens.
19.2
You may only transfer your rights or your
obligations under these Terms to another person if we agree in writing.
19.3
This contract is between you and us. No
other person shall have any rights to enforce any of its terms, whether under
the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4
Each of the paragraphs of these Terms
operates separately. If any court or relevant authority decides that any of
them are unlawful or unenforceable, the remaining paragraphs will remain in
full force and effect.
19.5
If we fail to insist that you perform any
of your obligations under these Terms, or if we do not enforce our rights
against you, or if we delay in doing so, that will not mean that we have waived
our rights against you and will not mean that you do not have to comply with
those obligations. If we do waive a default by you, we will only do so in writing,
and that will not mean that we will automatically waive any later default by
you.
19.6
If you are a consumer, please note that
these Terms are governed by English law. This means a Contract for the purchase
of Products through our site and any dispute or claim arising out of or in
connection with it will be governed by English law. You and we both agree to
that the courts of England and Wales will have non-exclusive jurisdiction.
However, if you are a resident of Northern Ireland you may also bring
proceedings in Northern Ireland, and if you are a resident of Scotland, you may
also bring proceedings in Scotland.
19.7
If you are a business, these Terms are
governed by English law. This means that a Contract, and any dispute or claim
arising out of or in connection with it or its subject matter or formation
(including non-contractual disputes or claims), will be governed by English
law. We both agree to the exclusive jurisdiction of the courts of England and
Wales.
19.8
We will not file a copy of the Contract
between us.
